Justice Act (Northern Ireland) 2011

Section 109.

SCHEDULE 6 TRANSITIONAL AND SAVING PROVISIONS

Offender levy

1.  A provision in Chapter 1 of Part 1 does not apply in relation to an offence committed before the commencement of that provision.

Vulnerable and intimidated witnesses

2.—(1) The amendments made by sections 7 to 11 apply to proceedings instituted before the commencement of the amendment in question.

(2) But the amendments made by sections 7 to 11 do not affect the continued operation of a special measures direction given before the commencement of the amendment in question.

(3) Sub-paragraph (2) does not prevent an amendment made by sections 7 to 11 from applying after its commencement to—

(a) the variation under Article 8 of the Criminal Evidence (Northern Ireland) Order 1999 (NI 8) of a special measures direction that was given in relation to a witness before the commencement of the amendment, and

(b) the giving of a new special measures direction in relation to a witness (including the giving of a new direction in a case where a special measures direction given in relation to the witness in question has been discharged under Article 8 of that Order after the commencement of the amendment).

(4) In this paragraph “special measures direction” means a direction under Article 7 of the Criminal Evidence (Northern Ireland) Order 1999.

Banning orders

3.  A banning order may not be made under section 41 where the offence mentioned in subsection (1) of that section was committed before the commencement of that section.

Increase in penalties

4.—(1) Section 51(2) does not apply in relation to an offence committed before the commencement of that subsection.

(2) Section 52 does not apply in relation to an offence committed before the commencement of that section.

Conditions of sex offender licence

5.  Section 54 applies in relation to offenders released on licence under Article 26 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) before the commencement of that section, but does not apply in relation to a failure to comply with a condition of a licence which occurs before that commencement.

Serious and specified offences

6.  Section 57 does not apply in relation to an offence committed before the commencement of that section.

Alternatives to prosecution

7.  A provision in Chapter 1 or 2 of Part 6 does not apply in relation to an offence committed before the commencement of that provision.

Witness summonses

8.  Section 100 applies in relation to any criminal proceedings before a magistrates’ court for the purposes of which no summons requiring the attendance of a witness has been issued before the commencement of that section.

Accounts of the Law Commission

9.  Section 102 applies in relation to accounts for the financial year in which that section comes into operation and subsequent financial years.